The Fall and Rise of Freedom of Contract

Published by Duke University Press 1999

The Fall and Rise of Freedom of Contract

Edited by: F. H. Buckley
With contributions by: Richard Epstein , Eric A. Posner , Michael J. Trebilcock and Timothy J. Muris

https://doi.org/10.1515/9780822380122

Overview
Contents

About this book

Original essays by prominent legal scholars on the recent intellectual revival of freedom of contract and the value of free bargaining; the essays will be gleaned from a series of conferences organized around areas where bargaining rights might be expande

Author / Editor information

F. H. Buckley is Professor of Law at the George Mason School of Law. He is the author of several books, including Corporations: Principles and Policies.

Reviews

“A compendium of original scholarship about the continuing vitality of our legal and political regime based on contract. This is an important book.”—Fred S. McChesney, Northwestern University School of Law

“An interesting and impressive collection of essays that pulls together important research and arguments by an unusually impressive lineup of contributors. This a major piece of work.” —Paul H. Haagen, Duke University School of Law

“One of the most notable trends in recent legal scholarship is the reinvigoration of the contract paradigm, and these original papers by some of the most distinguished North American law-and-economics scholars make a strong case for the virtues of contractarianism across a wide spectrum of legal specialties, including contract law, tort law, family law, bankruptcy, and private international law. The commentaries develop nuanced concepts, such as efficiency-enhancing limitations on contractual freedom. This important, impressive, and timely collection, accessible to a wide audience, should become the standard reference on free bargaining and contractarianism.”—Thomas S. Ulen, University of Illinois College of Law

“These brilliant essays show that the ethic of respect for the uniqueness of individuals can influence and justify a return to bargaining freedom in a surprising variety of legal areas.”—James W. Bowers, Louisiana State University Law Center

Topics

Frontmatter Publicly Available Download PDF	i
Contents Publicly Available Download PDF	vii
Preface Publicly Available Download PDF	xi
Introduction F. H. Buckley Requires Authentication Unlicensed Licensed Download PDF	1
I Free Bargaining and Formalism
Contracts Small and Contract Large: Contract Law through the Lens of Laissez-Faire Richard A. Epstein Requires Authentication Unlicensed Licensed Download PDF	25
The Decline of Formality in Contract Law Eric A. Posner Requires Authentication Unlicensed Licensed Download PDF	61
External Critiques of Laissez-Faire Contract Values Michael J. Trebilcock Requires Authentication Unlicensed Licensed Download PDF	78
In Defense of the Old Order Timothy J. Muris Requires Authentication Unlicensed Licensed Download PDF	93
The Limits of Freedom of Contract in the Age of Laissez-Faire Constitutionalism Gregory S. Alexander Requires Authentication Unlicensed Licensed Download PDF	103
II Bargaining around Tort Law
Courts and the Tort-Contract Boundary in Product Liability Paul H. Rubin Requires Authentication Unlicensed Licensed Download PDF	119
Commodifying Liability Robert Cooter Requires Authentication Unlicensed Licensed Download PDF	139
III Contracting for Land Use Law
Zoning by Private Contract Robert H. Nelson Requires Authentication Unlicensed Licensed Download PDF	157
Dealing with the NIMBY Problem William A. Fischel Requires Authentication Unlicensed Licensed Download PDF	177
Devolutionary Proposals and Contractarian Principles Steven J. Eagle Requires Authentication Unlicensed Licensed Download PDF	184
The (Limited) Ability of Urban Neighbors to Contract for the Provision of Local Public Goods Robert C. Ellickson Requires Authentication Unlicensed Licensed Download PDF	192
IV Free Bargaining in Family Law
A Contract Theory of Marriage Elizabeth S. Scott and Robert E. Scott Requires Authentication Unlicensed Licensed Download PDF	201
Marriage as a Signal Michael J. Trebilcock Requires Authentication Unlicensed Licensed Download PDF	245
Family Law and Social Norms Eric A. Posner Requires Authentication Unlicensed Licensed Download PDF	256
Contracting around No-Fault Divorce Margaret F. Brinig Requires Authentication Unlicensed Licensed Download PDF	275
V Bargaining around Bankruptcy Reorganization Law
Contracting for Bankruptcy Systems Alan Schwartz Requires Authentication Unlicensed Licensed Download PDF	281
Free Contracting in Bankruptcy F. H. Buckley Requires Authentication Unlicensed Licensed Download PDF	301
Free Contracting in Bankruptcy at Home and Abroad Robert K. Rasmussen Requires Authentication Unlicensed Licensed Download PDF	311
VI Choosing Law by Contract
Contract and Jurisdictional Freedom Bruce H. Kobayashi and Larry E. Ribstein Requires Authentication Unlicensed Licensed Download PDF	325
A Comment on Contract and Jurisdictional Competition Michael Klausner Requires Authentication Unlicensed Licensed Download PDF	349
Choice of Law as a Precommitment Device Geoffrey P. Miller Requires Authentication Unlicensed Licensed Download PDF	357
Corporate Law as the Paradigm for Contractual Choice of Law Roberta Romano Requires Authentication Unlicensed Licensed Download PDF	370
Notes Requires Authentication Unlicensed Licensed Download PDF	387
Contributors Requires Authentication Unlicensed Licensed Download PDF	457
Index Requires Authentication Unlicensed Licensed Download PDF	459

Language: English
Publisher: Duke University Press
Pages
- Main content: 477

eBook

Published: August 27, 1999
ISBN: 9780822380122